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ORDINANCE NO. '309 7. w <br />AN ORDINANCE AMENDING CHAPTER 21, <br />ARTICLE 5, SECTION 21 -93(B) OF THE <br />SOUTH BEND MUNICIPAL CODE <br />STATEMENT OF PURPOSE AND INTENT: <br />WHEREAS, the Common Council intends to give greater recognition <br />to the link between pedestrian movement and the location of <br />off -site parking; and <br />WHEREAS, the Common Council intends to encourage maximum usage <br />of off -site parking by patrons and employees of the petitioning <br />owner and /or entity as granted by the Board of Zoning Appeals. <br />NOW, THEREFORE, BE IT ORDAINED by the South Bend Common Council <br />as follows: <br />Section I. Chapter 21, Article 5, Section 21 -93(b) of the South <br />Bend Municipal Code is amended to read as follows: <br />ARTICLE 5 OFF - STREET PARKING AND LOADING FACILITIES <br />Division 3. General Provisions <br />Section 21 -93 Location of Spaces <br />(b) Off - street parking facilities. All parking spaces <br />required herein shall be located on the same lot or parcel <br />with the building or use served, except that: When <br />practical difficulties, as determined by the Board of <br />Zoning Appeals, prevent their establishment upon the same <br />lot or parcel, the required spaces may be located on a <br />properly zoned lot not to exceed five hundred (500) feet <br />as measured by a reasonable pedestrian route from the main <br />entrance of the building or use being served. In any <br />case, where the required parking spaces are not located on <br />the same lot with the building or use being served, a <br />written agreement, approved as to form by the City <br />Attorney, thereby assuring their retention for such <br />purposes shall be properly drawn and executed by the <br />parties concerned, aPP*Oved ae -te fie• f-eirm I&y t*e ,e4+,y <br />AA*eriney and shall be filed with the aj9.gjjeat4ox. €ems a <br />bu4-I&i-mej Pew" the appeal to the Board of Zoning <br />Appeals. Adequate sianaae directing patrons and employees <br />to the location of the off -site parking shall be provided <br />Section II. This ordinance shall be in full force and effect <br />from and after its adoption by the Common Council and approval by <br />the Mayor. <br />ML:ord /Amenord <br />